Terms and Conditions
Terms and Conditions
Welcome to the Southeastern Grocers Connection website (www.segrocersconnection.com, hereinafter this “Website”). The following Terms and Conditions (the “Terms”) apply to your use of this Website from any device or network. Evolve Holding Services Pty Ltd (Evolve), an Australian proprietary limited company) as trustee for the Evolve Research and Consulting Unit Trust operates this Website for and on behalf of Southeastern Grocers (“SEG”). SEG operates under the following grocery store banners in the following states: Harveys (Florida, Georgia, North Carolina, South Carolina), Winn-Dixie (Alabama, Florida, Georgia, Louisiana, Mississippi), and Fresco y Más (Florida).
For the purposes of these Terms, “SEG,” “we,” “our,” or “us” refers to Southeastern Grocers, LLC, as well as its employees, contractors and consultants, directors, officers, shareholders, affiliates, subsidiaries, advisors and/or agents.
Use of this Website is conditioned upon your agreement, as an SEG customer, SE Grocers rewards card holder, and Website Member (defined below), to these Terms by choosing “I accept the terms and conditions” when logging on to the website you are accepting these Terms. If you do not agree, choose ‘I do not accept’ and do not login or otherwise use this Website. Please review these Terms which govern your use of the Website and any related functions or interactive resources including mobile applications, user profiles, blogs and chat groups. After accepting these Terms, if you later disagree with these Terms, you must immediately stop using this Website and associated resources.
You are deemed to be using the Website if you are interacting with the Website directly or indirectly, and including by way of automated functionality, crawlers, spiders, scrapers, robots, harvesting bots, browsers, data mining or extraction tools, whether the functionality was installed by you or someone else.
For purposes of these Terms, “user content” means any content or material posted, published, submitted, contributed or created by you. It includes but is not limited to written content, comments, opinions, compliments, messages, ratings, reviews, symbols, graphics, images or logos.
For purposes of these Terms, “Members” are visitors to the Website who register and accept these Terms and use the Website. Registration will require confirming email address, providing SE Grocers rewards card numbers, and completing a profiling survey. By registering and clicking “I accept the terms and conditions,” you become a Member of the Website and agree to be bound by these Terms when you use the Website and undertake any activities connected to the Website for example when you complete a survey.
To the extent that you become a Member by registering and clicking ‘I agree to the terms and conditions’ you acknowledge, warrant and represent to us and Evolve that:
- a) you are at least 18 years old;
- b) you will provide us with accurate, complete and current information;
- c) you have accepted these Terms as a result of your due diligence and assessment and have not relied on any representations made by us or Evolve;
- d) you have and maintain the power and authority necessary for you to accept these terms;
- e) you will not create more than one Member account that represents you;
- f) the information provided by you on the website will not infringe the intellectual property of any third party or defame the reputation of any third party;
- g) you will meet the Minimum Participation Level as may be outlined on the Website from time to time, failing which we have the right to remove you as a Member due to inactivity, as determined by us, and subject to reactivation, in our sole discretion;
- h) we may refuse to grant you the username you request;
- i) your username and password are for your personal use only, and you must maintain the confidentiality of your account and your login details;
- j) you accept responsibility for all activities which occur under your account or your login details;
- k) you have accepted these Terms on the understanding that we, in our sole discretion, may terminate your membership at any time for any reason;
- l) we have sole discretion in relation to the numbers and types of Members that are accepted or active at any given time including but not limited to when a membership begins or ends, except to the extent you no longer wish to be a Member and choose to terminate your access and use of the Website; and
- m) we have sole discretion as to the number of surveys conducted and the number of invitations to participate in surveys we send you;
- n) we at our sole discretion reserve the right (without notice) to suspend or terminate your membership or your account for any reason, and to block your access to the website, following which your right to use and access the website will end immediately; and
- o) you are not guaranteed to receive anything (including complimentary products) for being a member.
When using the Website, you agree and warrant to us and Evolve that you will not:
- a) use the website or its content: (i) for commercial use, including marketing, or offering to buy or sell, any good or service; (ii) for political use including campaigning; (iii) to offer any contest, giveaway, or sweepstakes; or (iv) to download, copy or transmit any content for the benefit of any other business;
- b) use or attempt to use any software or device to navigate the website other than search facilities provided by us or publicly available browsers;
- c) reproduce, distribute, modify, transmit, upload, publicly display, reuse, republish. re-post, frame or mirror any part of the website or content;
- d) gather metadata or use meta tags, or use any data extraction tools, or create a database;
- e) conduct fraudulent activities;
- f) use a false or misleading name, address, or email address to activate or use an account;
- g) misrepresent the identity of a user or impersonate any person;
- h) use login information or access an account of another person;
- i) share your login details (you are responsible for any use or misuse of the website or your membership account by anyone using your account);
- j) transfer your account to another person or entity;
- k) imply that we endorse any statement you make;
- l) tamper or interfere with, or violate the security of, the website or its functionality in any way including taking any step which could disable, overburden or impair the operation of the website;;
- m) post or upload any content which:;
- i. compromises the security of the network or website, or which transmits viruses or malware or any technology that may harm us, a member or any user of the website;
- ii. interferes with the proper working of the website;
- iii. in any manner transmits information which is inaccurate, unlawful, threatening, harassing, abusive, false, inaccurate, hateful, harmful, misleading, defamatory, obscene, vulgar, pornographic, abusive, indecent, sexually explicit, violent, profane, objectionable, degrading, racially or ethnically offensive, discriminatory, indecent or generally offensive;
- iv. violates or may violate any right of a third party (including copyright or intellectual property rights or publicity rights; or
- v. causes or may cause injury to any person or entity.
- n) distribute spam or unsolicited electronic communications;
- o) defame, harass, bully, intimidate, violate, stalk or threaten any person or a person’s rights;
- p) collect, transmit or post personal information or sensitive information or identification information about yourself or any person or entity, including information relating to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters;
- q) restrict any person’s use of the website;
- r) modify, adapt, translate, reverse engineer, decompile or disassemble any part of the website;
- s) remove any intellectual property or other proprietary rights’ notice from the website or from materials originating from the website; or
- t) develop or operate any applications other than operating our applications./li>
You must not do or attempt to do any of the things prohibited above, and you must not procure, facilitate, encourage or allow a third party to do any of the things prohibited above.
Submission and ownership of user content
You release any user content you post, publish, or otherwise use in connection with this Website to us and Evolve. This includes any user content resulting from your participation, posted by Members or otherwise made available by Members. You agree we and Evolve may use this user content in our sole discretion, including by contracting for such content with third parties, and such content is protected by international copyright and other laws, including laws in the United States and Australia. You are solely responsible for all user content. We and/or Evolve assume no liability for any user content submitted by you or its transmission to third parties.
You warrant that the posting of user content on the website does not violate the rights of any individual, living or deceased, or any legal entity. You acknowledge and accept that you must not post, upload nor transmit content that infringes or otherwise violates any copyright, trademark, trade secret, privacy right or any other intellectual property (past, present and future) or proprietary or legal right of any other party. If your actions violate the rights of another person or other entity, you may be liable to us and Evolve and the person or entity whose rights may have been violated. User content once posted may rapidly be transferred to other websites and media that we do not control, and it may be impossible to recover or delete.
We reserve all of the rights, title and interest in the website and the associated intellectual property rights including copyright, distribution rights, ancillary rights, spin off or similar rights, moral and similar rights, promotion rights, commercialisation rights, exploitation rights, designs, patents and trademarks. All rights, title and interests means past, present and future rights, title and interest (whether vested or contingent or future, whether subsisting or acquired, whether beneficial or legal) throughout the world.
You must not post or upload any content that may comprise a breach of conduct prohibited by these Terms.
We and Evolve at our sole discretion reserve the monitor, right to review, edit, amend, remove, delete, refuse to post, or disclose any content in whole or in part. We also have the right to change the functions and features of the Website.
We and/or Evolve have no obligation to post, maintain, use or respond to content submitted to the Website.
Specifically, we and Evolve may access, copy, preserve and disclose your user content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with legal process or applicable law; enforce these terms; respond to claims that content violates the rights of third parties; respond to your requests for assistance; prevent or investigate a crime; or protect the rights, property or personal safety of us or a person or entity.
License to use content
You grant us and Evolve (subject to the terms of our relationship with Evolve) a non-exclusive, sub-licensable, free, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, exploit, display, perform, transmit, copy, modify, delete, correct, adapt, arrange, reproduce, publish, disclose, distribute, film, perform, licence, market, translate, develop, create derivative works from, sell and distribute user content and to incorporate the user content into any form, medium, or technology, now known or developed later, throughout the world, all without compensation to you.
You assign to us the worldwide right, title and interest in the user content as adopted into any product, system, and/or service including present and future intellectual property rights and rights for exploitation in any medium.
You grant us and Evolve the right to include the name you provided during registration along with the user content you submitted; however, we and Evolve have no obligation to include your name with such user content.
We and Evolve may use the user content for whatever purpose including the promotion and operation of this website on the website or on social media and to promote our products and services and brands. We and Evolve may make the user content available to the general public and our customers through the website and third party websites.
We will not use user content or other personal information in a manner which violates our privacy policies delineated below.
Do not post user content if you do not want it to be used or made available. Do not upload a photograph to your profile page if you do want your photograph to be made available to other Members. You can select an icon to represent you. You waive your rights to make any claim in relation to alteration, distortion or illusionary effect of your image/likeness, arising out of the posting of content containing your photograph or other image to the website.
Do not send us any user content that you do not wish to license or assign to us, including any confidential information or any original creative materials.
Upon request, you must execute and promptly deliver to us (without compensation) all written instruments, including any releases, and do all acts which we deem necessary to enable us to obtain, defend, enforce, maintain or commercialize, any rights for the user content and to vest the entire right to the user content in us.
You warrant that you have all rights necessary for you to grant and assign the licenses granted, including the consents, releases or permissions of any persons that may be included in the user content for use of their name and likeness.
You irrevocably waive any ‘moral rights’ or other rights with respect to attribution of authorship, invasion of privacy, false light, rights of publicity, or integrity of materials regarding user content.
You warrant that the grant of the licence is supported by good, valuable and sufficient consideration.
User content will not be considered confidential information, and we and/or Evolve have no obligation to keep any user content or keep it confidential. We and/or Evolve are not responsible for the use or disclosure of any personal information that you disclose in connection with the user content.
Your provision of user content in no way imposes any other obligation on us or Evolve, whether of confidentiality, attribution, or otherwise, and we and/or Evolve are not liable for any claims arising out of or relating to any use, modification, distribution, reproduction, display or disclosure of user content.
SEG owns the Website and its underlying content (and user content) including but not limited to, its design, name, and logos. Data the Website generates as a result of your participation is owned by us or third parties with whom we have contracted, and is protected by U.S., Australian and international copyright and other laws.
Evolve or third parties contracted by or approved by Evolve own the software technology.
All improvements to the Website will be owned by us (or third parties contracted with us or approved by us including licensees or licensors), and all intellectual property rights in the improvements will vest in us. We are entitled to all benefits associated with the improvements including benefits which arise from the commercialization or exploitation of the Website and the user content and associated intellectual property rights and/or the improvements.
All improvements to the software technology will be owned by Evolve, or third parties contracted by or approved by Evolve including Twist of Lemon Pty Ltd trading as Twist of Lime, and Twist of Lime Pty Ltd.
The Website uses proprietary software owned by Evolve or licensed by SEG, or a contracted third party. You are being granted an individual, limited, non-exclusive, non-transferable license (right to use the software subject to these Terms), solely for your personal and non-commercial use to submit posts and participate in activities on the Website. Software and material are the subject of copyright and author’s rights, and nothing on the Website or these Terms may to be construed as conferring in any manner (whether by implication, estoppel or otherwise) any title or ownership of, or exclusive rights to, any intellectual property right.
You are expressly prohibited, directly or indirectly, from attempting to discover the source code or reverse engineer underlying algorithms, or technology of the software; renting, leasing, selling, assigning, or transferring rights to the software; modifying or making derivative works based on the software; or using the software in any service or sharing capacity.
Intellectual Property Infringement Notification under the Digital Millennium Copyright Act (“DMCA”) of 1998
We are committed to complying with U.S. copyright law and to responding to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions as set forth herein.
If you believe in good faith that your work appears on the website in a way which constitutes copyright infringement, please provide us with a valid DMCA Notice containing all required information which complies with the DMCA. See 17 U.S.C. § 512(c)(3) of the DMCA.
We will either take down the allegedly infringing content or block access to it. We may suspend a member’s account. We may ask you for more information.
We may publish or share the DMCA Notices (or counter-notices from the alleged infringer) with third parties or produce them to a court or pursuant to a legal discovery request. If you are unsure whether material infringes a copyright you should obtain advice from an attorney. We will notify you if we receive any valid counter-notices.
You must provide all of the following information in a DMCA Notice:
- Your signature. We need a your physical or electronic signature or the signature of a person authorized to act on behalf of the intellectual property owner;
- A description of your proprietary material. You must identify the intellectual property claimed to have been infringed;
- A description of the infringing material. You must identify the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material (e.g., a URL);
- Your contact information. We need information that is reasonably sufficient to permit us to contact you or the intellectual property owner, such as an address, telephone number, and, if available, an email address; and
- Three affirmations under penalty of perjury. We need:
- a. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or law;
- b. A statement that the information in the notification is true and accurate; and
- c. A statement that you are authorized to act on behalf of the intellectual property owner.
You must send a DMCA notice containing the above to our designated agent:
M. Sandlin Grimm, VP, General Counsel
By Mail: 8928 Prominence Parkway, #200, Jacksonville, FL 32256
By Email: firstname.lastname@example.org
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees. And, under 17 U.S.C. § 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten (10) business days.
Limitation of liability
WE and/or Evolve ARE NOT LIABLE FOR THE FOLLOWING, OR LOSS ASSOCIATED WITH THE FOLLOWING:
- a) ANY CLAIMS, THREATS, ACTIONS, LOSSES, CONSEQUENTIAL LOSSES, LIABILITIES, COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL EXPENSES ON A FULL INDEMNITY BASIS OR LOSS OR INACCURACY OF DATA, REVENUE OR PROFITS), DAMAGES AND TAXES THAT MAY BE SUFFERED OR INCURRED BY YOU, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH USE OF THE WEBSITE, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE;
- b) LOSS OF MONEY, INCOME, PROFITS, DATA, CONTRACTS, GOODWILL OR REPUTATION;
- c) BUSINESS INTERRUPTION;
- d) ANY GENERAL, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL, EXEMPLARY, DAMAGES ARISING, DIRECTLY OR INDIRECTLY, OUT OF YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE;
- e) LOST DATA, OVERWRITTEN DATA, DELETED DATA, OR FAULTS OR OMISSIONS IN DATA COLLECTED, COLLATED, OR OTHERWISE DEALT WITH IN CONNECTION WITH THE WEBSITE;
- f) MISUSE OR MISAPPLICATION OF THE WEBSITE;
- g) YOUR USE OR INABILITY TO USE THE WEBSITE;
- h) OUR FAILURE TO COMPLY WITH ANY OF YOUR MEMBER OBLIGATIONS;
- i) YOUR FAILURE TO CHECK THAT THE WEBSITE IS WORKING PROPERLY HAVING REGARD TO YOUR PARTICULAR USE OF THE WEBSITE;
- j) YOUR USE OF, RELIANCE ON OR ANALYSIS OF THE CONTENT ON WEBSITE;
- k) RESULTS OF OR DECISIONS YOU MAKE USING OR BASED ON THE WEBSITE;
- l) POSTS BY YOU OR ANY THIRD PARTY ON THE WEBSITE;
- m) WEBSITES LINKED TO THE WEBSITE; OR
- n) VIRUSES;
EVEN IF WE HAVE BEEN ADVISED OF, ARE AWARE OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSS.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Some jurisdictions do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above may not apply to you. All issues and questions concerning the construction, validity, interpretation, and enforceability of these terms shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
Members provide user content. They may post content that is inaccurate, misleading, or deceptive. We and/or Evolve do not endorse and we are not responsible for any content, postings, uploads, reviews, comments, opinion, advice, information, or statements made by any member or other third party. The opinions expressed by third parties do not reflect our opinions or Evolve’s opinions.
We do not undertake to monitor the content posted by users. Removal of content in specific circumstances is not to be deemed a general undertaking to monitor the content. You may be exposed to information that you find objectionable. You are ultimately responsible for determining the validity and reliability of any information that you read on the Website.
Disclaimer of warranties
WE AND EVOLVE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR GUARANTEES (EXPRESS OR IMPLIED) REGARDING THE WEBSITE AND THE CONTENT ON THE WEBSITE AND USER CONTENT INCLUDING WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE.
WE AND/OR EVOLVE DO NOT EXPRESSLY OR IMPLIEDLY, WARRANT OR GUARANTEE OR GIVE ANY UNDERTAKING OR REPRESENTATION AS TO THE FOLLOWING:
- a) THAT THE WEBSITE IS FREE OF UNAUTHORISED ACCESS (FROM HACKERS OR DENIALS OF SERVICE ATTACKS OR OTHERWISE), INFECTION BY VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE CHARACTERISTICS;
- b) THAT THE WEBSITE OR FEATURES OR FUNCTIONS OF THE WEBSITE, METHODS OF COMMUNICATION OR TRANSMISSION (INCLUDING EMAIL), OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, OR ERROR FREE, OR VIRUS FREE, OR MALWARE FREE;
- c) THAT THE WEBSITE IS FREE OF TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS;
- d) THAT THE WEBSITE MEETS YOUR REQUIREMENTS OR EXPECTATIONS;
- e) RECTIFICATION OF ANY DEFECT; OR
- f) THE OPERATION OF THE WEBSITE, OR CONTINUOUS OR SECURE ACCESS TO THE WEBSITE.
THE WEBSITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES.
THIS DISCLAIMER APPLIES TO WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, USE OF REASONABLE CARE AND SKILL, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
OTHER PROVIDERS OF PRODUCTS OR SERVICES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH WARRANTIES.
THIS DISCLAIMER IS MADE TO THE EXTENT PERMITTED BY LAW.
Links to third parties’ websites
The Website may enable to you to link or access websites of third parties. We and Evolve have no liability for any matter related to these websites, or third-party features or applications including online applications, offline-software products, and cloud-hosting services provided by entities other than us. We and Evolve disclaim liability arising out of your use of third-party applications and services. Do not access these websites unless you understand the websites’ terms of access, related privacy policies, information sharing functions and settings. We and Evolve do not endorse, sponsor or approve these websites. We and Evolve may block links to and from these websites. You link to and use any third party websites and their content entirely at your sole risk and subject to the terms governing the use of those websites.
You release, indemnify, and agree to defend us and Evolve, and hold us and Evolve harmless with respect to and against any claims, demands, threats, actions, suits, losses, liabilities, costs, expenses (including, without limitation, legal expenses and attorneys’ fees and expenses on a full indemnity basis), damages, investigations, enquiries, account of profits and taxes that may be suffered or incurred by use, directly or indirectly, in connection with:
- infringement by you of any law or the rights (including intellectual property rights) of us or a third party;
- actual or alleged breach of these Terms by you;
- disputes between you and a third party;
- third party charges payable by us as a result of your conduct;
- termination of your membership or your access to the website;
- user content.
Each indemnity and release in these Terms is a continuing obligation that survive termination of these terms and conditions.
Every limitation of liability, disclaimer of warranty, or exclusion of damages in these terms is to allocate risks under the terms between you and us (and where applicable Evolve) (and represents such an allocation). The allocation is an essential element of the bargain between you and us and you and Evolve. All limitations, disclaimers and exclusions apply to the fullest extent possible.
Publicity and promotion
Except as required by law, all press releases and other public announcements proposed by you relating to the transactions dealt with by these Terms must be in terms agreed to in writing by us (before the publication or announcement).
You acknowledge that any benefit for your participation or use of the Website (including rewards) given to you is provided at our sole discretion, is not guaranteed, and may change from time to time. Programs or activities subject to a particular benefit or reward will end on the dates specified on the Website (or a different date later determined by us at our sole discretion). When a program ends, it will be automatically removed from the member page, and Members will no longer be able to share and earn rewards.
Confidential information you receive
Information you receive as a result of your membership may include confidential information about us or Evolve and our products. You must not disclose confidential information, including your participation, to any third party without our prior express written consent, unless required by law or court order.
Your user content, including any personally identifiable information, is submitted voluntary and subject to our privacy policies and Evolve’s privacy policies.
You expressly consent to having your personal data transferred to and processed in the United States and in Australia.
Applicable law, jurisdiction, and venue
These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflict of law provisions. You knowingly and voluntarily submit to the personal jurisdiction of and venue in the state and federal courts encompassing Duval County, Florida. You further agree that any cause of action arising under these terms shall be exclusively brought in such courts.
The making of claims or resolution of disputes shall be in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that to the extent permitted by law, disputes, claims, and causes of action arising out of or connected with the website or these terms will be resolved individually without resort to any form of class action; and that claims, judgments, and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), and attorneys' fees will not be awarded or recoverable.
To the extent Evolve controls and operates the Website, it does so from Australia and does not intend to subject itself to the laws of jurisdiction of any state, country, or territory other than that of the State of Victoria in Australia. Neither we nor Evolve represent that the Website is appropriate or available for use in any particular jurisdiction other than the United States.
We may limit the website’s availability to any person, geographic area or jurisdiction at our sole discretion.
In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
You must communicate with us by sending correspondence to:
Attention: Consumer Insights
8928 Prominence Parkway, Building 200
Jacksonville, FL 32256
With a copy to:
General Counsel’s Ocffice
8928 Prominence Parkway, Building 200
Jacksonville, FL 32256
You consent to us sending you notices and communicating by posting notices on the Website, sending you an email to the email address you have given us, or sending you a notice by mail at the billing address you have given us.
Notice is deemed to have been given 24 hours after a notice is posted on the website or an electronic communication is sent, or 3 days after a notice is sent by mail.
Entire agreement: These Terms comprise the entire agreement and understanding between you and us and you and Evolve and supersede any prior agreement or understanding, verbal or written.
Additional terms and amendment: You agree to any additional terms which govern the use of the Website from time to time. The additional terms are incorporated into these Terms. We have the right to amend or discontinue the Website and to change the terms, and any amendment is effective immediately. You should review the Terms each time you access the Website. Your continued use of the Website comprises acceptance of the current terms. In addition, we may without notice implement day-to-day operational practices which supplement these terms (for example, periodic deletion of content and logging off inactive users).
Survival of terms: These Terms as they relate to release of user content, indemnification, governing law, choice of venue, and any other provision which by its nature is intended to survive termination (such as indemnities) will continue beyond termination.
Electronic documents: A printed version of These terms and any notice given in electronic form is admissible in proceedings to the same extent as other documents originally generated in printed form.
Consumer rights notice: If you have a question or complaint regarding the site, please send an email to email@example.com.
No Waiver: Neither the failure of any party to enforce at any time any of these terms nor the granting of any time or indulgence shall be construed as a waiver of that party’s right to enforce any term.
Severability: If any term or the application of any term to any person or circumstance is or becomes illegal, invalid or unenforceable in any jurisdiction the term will be severed and none of the remaining terms or the application, validity or enforceability of the remaining terms will be affected, and neither the severed term or the application, validity or enforceability of the severed term in any other jurisdiction, will be affected.
No Assignment: You may not assign your ability to use the Website to anyone.
“SE Grocers Connection Panel” Sweepstakes
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE, LOCAL, AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED.
The “Southeastern Grocers Connection Panel” Sweepstakes ("Sweepstakes") is intended only for legal United States residents of Louisiana, Mississippi, Florida, Georgia, Alabama, North Carolina, and South Carolina and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry.
ELIGIBILITY: The “Southeastern Grocers Connection Panel” Sweepstakes (the “Sweepstakes”) is open and offered only to legal U.S. residents of Louisiana, Mississippi, Florida, Georgia, Alabama, North Carolina, and South Carolina who have reached the age of majority in their state of residence at the time of entry. Customers can enter if they are a current member of the Southeastern Grocers Connection Panel. Membership is by invitation only and members must have an SE Grocers rewards card and have supplied a valid email address, valid phone number, and valid SE Grocers rewards card number. Employees of the Sponsor, Administrator (as listed below), their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win. Void where prohibited or restricted by law.
Sponsor/Administrator: The Sweepstakes is sponsored by Southeastern Grocers LLC 8928 Prominence Parkway, #200, Jacksonville, FL 32256 ("Sponsor”) and administered by American Sweepstakes & Promotion Co. Inc., 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
AGREEMENT TO OFFICIAL RULES: By participating, Entrants (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as defined below) is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The monthly Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on May 1, 2021 and ends at 11:59:59 p.m. ET on July 31, 2021 (“Sweepstakes Period”). The Sweepstakes Period will be separated into the three (3) following Entry Periods (“Entry Period”): Start Date End Date Entry Period #1 May 1, 2021 May 31, 2021 Entry Period #2 June 1, 2021 June 30, 2021 Entry Period #3 July 1, 2021 July 31, 2021
Current eligible members of the community will earn points by completing activities on the site. Each point received equals one (1) Sweepstakes entry into that Entry Period drawing.
Released Parties (as defined below) are not responsible for: lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due mailed entries. All entries become the exclusive property of Sponsor and will not be acknowledged or returned. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the purpose of administering this Sweepstakes and for other purposes as set forth below.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, the Administrator, and their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage or cause of action arising out of lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries, or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to participation in the Sweepstakes, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) errors in the administration of the Sweepstakes or the processing of entries; or (d) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt or use of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, entries. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
DRAWING AND NOTIFICATION: At the conclusion of each entry period the Sponsor will conduct a random drawing from among all eligible entries received. The random drawings will take place on or about March 4, April 5, and May 4, 2021. Note: Entries will not carry over from period to period. All potential Prize Winners will be contacted by the Sponsor via phone, email and/or a USPS mail package of prize confirmation.
PRIZES & PRIZE CONDITIONS: There will be fifty (50) Prizes awarded each month throughout the Sweepstakes Period.
Each Prize winner will receive 10,000 points added to their SE Grocers rewards card, (“ARV”) $100.
Each Period winners will be announced on the Sponsors website on or about the following dates:
- March 20, 2021
- April 20, 2021
- May 20, 2021
Note: Winners should allow 14 additional days for the points for the points to be posted to the winners SE Grocers rewards cards.
ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF A PRIZES NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBILITY OF THE PRIZE WINNERS. No substitution or transfer of Prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the Prize with another prize of equal or greater value in the event that the aforementioned Prize is not available.
By accepting a Prize, the Prize Winners agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Promotion or receipt or use of the prize in question. All Prize winners will be responsible for all local, state, and federal taxes associated with the receipt of their accepted Prize.. The Prize Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or prize notification is returned as unclaimed or undeliverable to the potential Winner, if a potential Winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential Winner fails to return requisite document(s) within the specified time period, or if a potential Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate Winner may be selected for the Prize at issue.
By accepting a Prize, where permitted by law, the Prize Winners grant to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification.
IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE.
By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize. The Prize Winners also acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.
DISPUTES: By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of Florida, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNERS LIST REQUEST: To request confirmation of the name, city, and state of residence of each Prize Winner, please send a self-addressed, stamped business size envelope, by June 15, 2021, to: ASC/” SE Grocers Connection Panel” Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14607.